Planning Flashcards

(50 cards)

1
Q

What is the National Planning Policy Framework (NPPF), and what is its purpose within the planning system?

A

It sets out the Government’s economic, environmental and social planning policies for England. The policies set out in this framework apply to the preparation of local and neighbourhood plans and to decisions on planning applications.

The key aim of the NPPF is the ‘presumption in favour of sustainable development

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2
Q

How is the National Planning Policy Framework implemented at a local level

A

Section 3 of the National Planning Policy Framework (NPPF) requires that each local planning authority (LPA) should prepare a Local Plan

Through Local Plans and neighbourhood planning, which must align with national policies to guide sustainable development.

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3
Q

What is a Local Plan, and what role does it play within the Local Development Framework?

A

a statutory, community-consulted document created by local planning authorities to set a vision and framework for future development, including housing, infrastructure, and environmental protection over a 5–15 year period.

Sets planning policies in a local authority area.

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4
Q

What is a Local Development Framework?

A

a portfolio of planning documents that sets out the spatial strategy, policies, and vision for development in a local authority area, guiding decisions on housing, infrastructure, and land use.

Must align with the NPPF.

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5
Q

How do Local Plans influence decisions on planning applications?

A

They are the main consideration in deciding planning applications. They set the framework in which decisions on particular proposals are taken locally.

The law makes it clear that decisions on planning applications should be made in accordance (in line) with the policies and proposals within the development plan (which includes the Local Plan)

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6
Q

What is the London Plan

A

statutory spatial development strategy for Greater London, published by the Mayor to guide growth over 20–25 years

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7
Q

When is the london plan used in addition to local planning policy?

A

Local Plans (and Neighbourhood Plans) in London must be in “general conformity” with the London Plan.

Used for large-scale development, major transport infrastructure, and city-wide environmental goals.

Specific Policy Areas: Used to enforce specific standards, such as the 35% affordable housing threshold, minimum room sizes, and “be lean, be clean, be green” energy policies.

Mayor’s Referrals: Used when the Mayor of London reviews significant applications referred by local boroughs

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8
Q

How does the London Plan interact with borough-level Local Plans in determining planning decisions?

A

It acts as a primary, top-tier document, meaning its policies must be applied alongside local plans when deciding planning applications, ensuring a unified approach to growth across the city

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9
Q

What is the statutory basis of the planning system in England?

A

primarily founded on acts of Parliament that establish a “plan-led” system, requiring development to be managed in the public interest

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10
Q

What is the purpose of the Town and Country Planning Act 1990?

A

The Town and Country Planning Act 1990 is the primary legislation governing land use, development, and planning in England and Wales.

Its main purpose is to manage development, promote sustainable growth, protect the environment, and ensure that changes to land and buildings are authorized by local planning authorities

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11
Q

What changes to the planning system were introduced by the Localism Act 2011?

A

Aim was to shift power from central government to local authorities and communities.

Key items

Abolition of Regional Strategies: returning decision-making on housing numbers to local authorities.

Introduction of Neighbourhood Planning.

Community Right to Build:

Duty to Co-operate on planning issues that span across administrative boundaries.

Pre-application Consultation:

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12
Q

what is the planning and compulsory purchase act 2004

A

overhauled the planning system to speed up decision-making, encourage sustainable development, and reform compulsory purchase powers

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13
Q

Why is it important for planning decisions to be made in accordance with the development plan unless material considerations indicate otherwise?

A

is critical because it ensures a plan-led system that provides consistency, transparency, and predictability

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14
Q

What is a material consideration?

A

an issue that is relevant to a planning application, which should be taken into account when a decision is made e.g. overlooking an privacy

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15
Q

How did you determine that the introduction of a ground floor concierge at Douglas Bader Park could be progressed as a Non-Material Amendment rather than a Section 73 application?

A

Section 96A (Non-Material Amendment).

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16
Q

Why was it important to hold a pre-application meeting with the local planning authority before submitting the NMA?

A

to verify that the proposed changes are minor enough to qualify as an NMA rather than a new planning application

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17
Q

How did the planning officer’s agreement at pre-app stage help to de-risk the planning programme?

A

28 days determination.
reduce the likely hood of it getting refused.
agreed what scope of works would be required for submission.

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18
Q

What was your role in coordinating the design team and planning consultant during the NMA process?

A
  • Agreed scope and fees.
  • Agreed programme they would need to be working to.
  • Co-ordinated DTMs
  • Reviewed reports and provided comments.
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19
Q

How did you manage communications with Barnet Council following submission of the NMA, and how did you respond to any queries raised?

A

Checked in with the case officer on a weekly basis.
Reviewed comments received from statuary consulates
Coordinated with the consultants for responses to their queries.

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20
Q

At St Ann’s Hospital, how did you identify that the travel plan was a “prior to occupation” Section 106 obligation

A

stated within the s106

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20
Q

Why was it important to review the draft travel plan against the exact wording of the Section 106 agreement?

A

Otherwise wont be signed off

21
Q

What key information did you ensure was included within the travel plan to enable the obligation to be discharged?

A
  • Info on the development such as access, car clubs and parking spaces.

-Objectives of the travel plan such as reducing trips by cars and promoting sustainable travel

  • Info on travel plan co-ordinatior - contact for residents
  • Info on reviews of the travel plan and when trics survey will take place
22
Q

How did you confirm that the Section 106 obligation had been formally discharged and that the development could proceed to occupation?

A

When discharge notice was received.

23
Q

Why did you advise your client that increasing the unit numbers from 18 to 28 would trigger additional affordable housing requirements, despite the uplift being within a single private block?

A

Because the affordable percentage is on a site wide basis.

24
How did you use the Hounslow Local Plan Part 1 and Policy SC2(a) to form your advice on the likely planning outcome?
Because the local plan sets out the policy position for the council and is what they would judge the application on. Also wouldn't be conforming to the current planning permission .
25
What planning risks did you identify in proposing 0% affordable housing as part of the 10-unit uplift, and how did you communicate these risks to your client?
that this would be refused by the council and would not conform with the current planning permission or local plan
26
Why was a pre-application meeting with the local planning authority critical before progressing any formal application?
Because they confirmed that a payment in lieu was acceptable. If provision for more build affordable housing was required then this would not have been feasible. to increase the likelihood of approval, save time and money, and identify potential issues early
27
How did you assess and compare the different mechanisms for meeting the affordable housing requirement, including on-site provision, off-site provision, and payment in lieu?
On Site Provision - From a management position not ideal as don't want mixed blocks and the affordable provider agreed. Also no more room for Off site provision - no available site to do this. Payment in Lieu - easiest option as didn't require additional housing.
28
How did the council’s confirmation that a payment in lieu would be required influence your professional advice?
allowed to confirm with the client that they would accept this approach.
29
Can you explain how you calculated the £1,285,750 affordable housing contribution using the Hounslow Whole Plan Viability Assessment 2024?
(Market Value of sqm of floorspace - The value of affordable housing sqm of floor space) * the number of sqm to achieve 40% that answer minus (The market value of sqm of floorspace X the number of sqm to achieve 40%) X Additional developments costs (the difference between the profit for market and housing and marking costs) (6438-3778)*752 - (6436 * 752) * 11%
30
How did you use the development appraisal to determine that the payment in lieu rendered the proposal unviable?
Make a lower profit margin than maintain the 18 units
31
Looking back, why was advising your client not to proceed with the unit uplift the most appropriate course of action, despite the potential increase in unit numbers?
Yes as made more money.
32
Explain what you understand the process is for assessing planning potential, what do you do?
1. Review the site’s spatial planning context a. Local plan designations b. Draft designations c. Heritage designations d. Flood risk e. Other environmental designations f. Roll in evidence base documents 2. Review the relevant development plan and any other material considerations 3. Consider, on balance, what types of development may be considered appropriate
33
Explain the process of obtaining planning permission and the role the LA plays
Local Authority is the decision maker. Pre- application Submission and validation Statutory consultees for comments and the public Case officer makes decision Submit a planning application (of which there are various types that could be selected, for example full planning permission, outline planning permission, prior approval, permission in principle, etc) to the local planning authority.
34
What type of planning consent relates to Nationally Significant Infrastructure Projects (NSIP)?
Development Consent Order (DCO) - removes the need for multiple, separate consents, serving as a "one-stop shop" for major infrastructure projects
35
What did the Housing and Planning Act 2016 introduce?
* Extension of right to buy discounts to housing association tenants * Ensuring each local area has a local plan * Speeding up neighbourhood planning
36
When was the housing delivery test introduced?
November 2018
37
What are the regulation 122 tests for s.106 contributions?
i. Necessary to make the development acceptable in planning terms j. Directly related to the development k. Fairly and reasonably related in scale and kind to the development
38
What is the purpose of a Local Development Scheme?
Sets out the timetable for reviewing the Local Plan so that is remains up to date.
39
What is the purpose of an EIA?
To ensure that the environmental effects of the proposed development are properly considered.
40
What is the length of the government’s ‘planning guarantee’?
Max length of time an application should be in, including appeal 1 year.
41
What is a CPO? Who has CPO powers?
Allows a public authority to acquire land without the consent of the owner. LPA Highways England Government departments Remains valid for 3 years once confirmed
42
What is an enterprise zone?
Zones intended to encourage growth and create new businesses and new jobs by allowing simplified planning procedures and through business rates discounts.
43
How long does it take to obtain planning permission, what timescales does an LA have to abide by?
8 weeks for a minor application (less than 1,000 sqm or 10 homes). 13 weeks for a major application (more than 1,000 sqm of 10 homes). 16 weeks for an EIA scheme.
44
What do you have to submit with an application?
This varies depending on the scale and context of a scheme. National requirements include a site location plan, drawings and application forms with ownership certificates. Additional documents (local information requirements) will be found on the LPA’s validation checklist.
45
What types of consultants might be engaged to support an application for planning and why?
Transport consultant Heritage consultant Energy consultant Air quality consultant Noise consultant
46
What is CIL?
Community Infrastructure Levy. A charge applied to new build floorspace. It is regulated by the Community Infrastructure (Regulations) 2010
47
What is CIL used for?
fund a wide range of infrastructure needed to support new development. Used in Barnet for West Hendon Playing Fields Sports Hub. In London used for Cross Rail
48
Do you need PP for a developers sign board?
This will depend on the scale of the sign board. Most temporary developer’s sign boards have permitted development rights under the Town and Country Planning (Control of Advertisements) Regulations 2007 where they are under 2 sqm.
49
what is the JR period
Judicial review in planning is a legal challenge, not an appeal on merits, focused on whether a local planning authority or inspector acted lawfully. It must be filed within a strict 6-week period from the decision date